Disposed

Dinesh Chandra Alias Dinesh Kumar v. State of U.P. and Another

Allahabad HC10 Feb 2025NA528/4099/2025

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What is this about?

S. 528 BNSS; quashing application; cognizance/summoning order 7.9.2021; Criminal Case No.1199 of 2021; State Vs. Vishal @Vishwajeet Nigam and others; Case Crime No.129 of 2019; Sections 354 Kha, 323, 504, 506, 452 IPC; Police Station Chandwak; District Jaunpur; Judicial Magistrate I Jaunpur; charge-sheet without arrest; offence punishable up to 7 years; prayer refused; withdrawal with liberty; reg

What did the court decide?

Application withdrawn and disposed of with liberty to file a regular bail application before the court of competent jurisdiction; any such bail application to be decided in the light of Satender Kumar

Dinesh Chandra Alias Dinesh Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:20465

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Court No. - 75

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Case :- APPLICATION U/S 528 BNSS No. - 4099 of 2025

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Applicant :- Dinesh Chandra Alias Dinesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Vijay Kumar Pandey, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

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The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No.1199 of 2021, (State Vs. Vishal @Vishwajeet Nigam and others) arising out of Case Crime No.129 of 2019, under Sections 354 Kha, 323, 504, 506, 452 of I.P.C., Police Station- Chandwak, District- Jaunpur, as well as cognizance/ summoning order 7.9.2021, pending in the Court of Judicial Magistrate, I, Jaunpur.

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Learned counsel for the applicants submits that applicant was not arrested during the course of investigation and the charge-sheet have been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

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Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.

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After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

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In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51 , wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the

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bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

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The application stands disposed of with the aforesaid liberty.

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Order Date :- 11.2.2025 Akram

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Dinesh Chandra Alias Dinesh Kumar v. State of U.P. and Another

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Dinesh Chandra Alias Dinesh Kumar v. State of U.P. and Another

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